Under Michigan law, there are two different types of custody. First there is legal custody. Legal custody requires that both parties discuss and agree on major issues involving the child’s life. Typically everyone will have joint legal custody. Second, there is physical custody. Physical custody is what is typically disputed (where the child is primarily residing). More and more men are being awarded primary physical custody or joint physical custody. Primary physical custody means that the child or children are primarily residing with that parent. Typically it takes the form of the noncustodial parent having alternating weekends, one evening per week, and alternating holidays. Share physical custody means that the parties are sharing physical custody. This can be a variety of different schedules. It can be as much as alternating weeks or something more than alternating weekends. The judges and courts are making more of an effort to share time with children between both parties if it is logistically possible and the children are able to manage. When physical custody is in dispute the court must look at the child custody factors to determine what is in the best interest of the child or children. Those factors are as follows:
722.23 “Best interests of the child” defined.
Sec. 3.
As used in this act, “best interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
GRAND RAPIDS CHILD CUSTODY ATTORNEY
If you are facing a child custody dispute, a good child custody attorney is not optional, it is a requirement! Our child custody attorneys can answer your questions with straight talk. Having the right child custody attorney on your side can relieve your stress during this difficult situation. Our attorneys have over 85 years of child custody experience. Our attorneys have extensive child custody trial experience. Typical fees to retain attorney for a child custody case can range and from 1,500 dollars to as high as 5000 dollars. Considering the seriousness of this life changing event, it is extremely important to retain the services of an experienced attorney in the area of child custody.
When you need a Grand Rapids Divorce Attorney, remember to call Krupp Law Offices PC for fast honest advice about your legal problems. Krupp Law Offices P.C. represents clients in cases throughout West Michigan, including the cities of Grand Rapids, Big Rapids, Ionia, Grand Haven, Stanton, Greenville, Wayland, Allegan, Holland, Newaygo, White Cloud, Fremont, Coopersville, Hastings, Middleville, Wyoming, and Rockford including Kent County, Ottawa County, Newaygo County, Ionia County, Mecosta County, Barry County, Montcalm County, and Allegan County Michigan.
Our office can help. Call for free phone consultation.
KRUPP LAW OFFICES P.C.
161 Ottawa NW Suite 404
Grand Rapids MI 49503
616-459-6636 or [email protected]